Senegal has amended its constitution to define marriage exclusively as “the union between a man and a woman”, formally prohibiting same-sex marriage following a unanimous vote in the National Assembly.
The constitutional amendment was approved on June 29, with all 129 members of parliament voting in favour and none opposing the measure. Although same-sex marriage had never been legal in Senegal, the previous constitutional wording made no explicit reference to the gender of those entering into marriage.
Instead, it stated: “Marriage and the family constitute the natural and moral foundation of human society, and are placed under the protection of the State.”
The amendment to the constitution in Senegal comes as part of a broader tightening of laws targeting LGBTQ+ people in the West African nation. Same-sex sexual activity has been criminalised in Senegal since 1965 under Article 319 of the Penal Code, which describes such relations as “unnatural acts”. The law applies to both men and women.
Earlier this year, Senegal’s National Assembly passed legislation doubling the penalties for homosexuality. Same-sex acts, classified alongside necrophilia and bestiality as offences deemed “acts against nature”, are now punishable by between five and 10 years in prison.
Following the constitutional change, an anonymous Senegalese citizen told Erasing 76 Crimes: “There is little doubt that (the ruling party, PASTEF) is placing great emphasis on this aspect of constitutional change in order to reassure the Senegalese people that it will pursue an anti-LGBT agenda, following the tightening of the Criminal Code in the spring so ‘unnatural acts’ are now punishable by five to 10 years’ imprisonment and a fine of 10 million CFA francs.”
The source added that the amendment “helps to rally the ranks within the ruling party following the rifts that led to the dismissal of former Prime Minister Ousmane Sonko”.
In March, lawmakers also approved amendments to the Penal Code by 135 votes to zero, with three abstentions. In addition to criminalising “any sexual act or act of a sexual nature between two people of the same sex”, the legislation penalises anyone who accuses another of same-sex offences “without proof”, while “anyone who engages in advocacy” for same-sex relations can be handed three to seven years in prison.
International organisations, including the Human Dignity Trust, have condemned the measures, arguing they violate Senegal’s international human rights obligations and deepen discrimination against LGBTQ+ people.
The legal changes have coincided with a widespread crackdown. Authorities have arrested more than 100 people on allegations of committing “acts against nature” since February, with the first wave of arrests beginning in the capital, Dakar, where two high-profile celebrities were among 12 people detained.
According to Le Monde, many lawyers have been reluctant to represent those accused, fearing reprisals. Authorities have also reportedly disclosed individuals’ HIV status during investigations, contributing to a sharp decline in clinic attendance. Reuters reported that patient visits fell from 2,425 in January to 1,803 in February as HIV Positive individuals avoided seeking treatment for fear of arrest.
In April, 24-year-old labourer Mbaye Diouf became the first person convicted under the tougher legislation. He was arrested, tried and sentenced to six years in prison within just 10 days.
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